Petitioner claimed to be married to deceased during the subsistence of first marriage.
Delhi High Court expounded that under Hindu law, marriage is a sacrament and not a contract, which can be entered into by execution of a marriage deed.
The above observations were made by Delhi High Court while rejecting plea of a woman that she be declared legally wedded wife of a government servant, now deceased, so that she can get a job on the compassionate grounds and avail the other benefits.
Delhi HC enunciated that when woman got married to Government Servant, Hari Ram, he already had a wife and had not applied for the divorce. The second marriage, as claimed by Petitioner, was by way of a marriage deed.
Thus High Court of Delhi held that,”The solemnisation of marriage thereafter at Delhi and on December 10, 1994, at the village of Hari Ram was not proved by satisfactory evidence to this effect. Even the certificate issued by Gram Panchayat stated date of marriage as June 2, 1990, with no reference to the remarriage,”.